Is an award for attorney fees in a personal injury action barred by the Court of Appeal?

Nor is the award barred by judicial or collateral estoppel or the law of the case doctrine. Judicial estoppel bars a party from taking a position after succeeding on a contradictory position earlier in the case. (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 183.) Defendants assert that in the writ petition in the trial court and in their respondents' brief in Wherry 1 plaintiffs argued the fee provision was unenforceable but actually they merely claimed what we ultimately held, that defendants' contractual unlimited right to attorney fees was a factor in holding the arbitration provision unconscionable.